Elenor L. Morgan, Appellants v. Elmer E. Sanborn, as Executor of Melissa v. Waller, Deceased, Respondent…

Summary

The New York Court of Appeals held that the mutual agreement between husband and wife to distribute their combined estates among each other's next of kin is a valid, enforceable contract that may be specifically performed, and that the Statute of Frauds does not bar such an action. The court reversed the Appellate Division, ordered a new trial, and limited the distribution to at most one-half of the estate to the husband's kin.